Therefore, promulgation of the NRO seems to be against the nationalinterest and its preamble is contrary to the substance embodied therein.Thus, it violates various provisions of the Constitution. Therefore, bymeans of instant short order, reasons of which shall be recorded later, wehold as follows:-(i) that the NRO is declared to be an instrument void ab initio being ultravires and violative of various constitutional provisions includingArticle Nos. 4, 8, 25, 62(f), 63(i)(p), 89, 175 and 227 of theConstitution;(ii) that as a consequence of the said declaration, all steps taken, actionssuffered, and all orders passed by whatever authority, any orderspassed by the courts of law including the orders of discharge andacquittals recorded in favour of the accused persons, are also declarednever to have existed in the eyes of law and resultantly of no legaleffect;Const. P.76/2007, etc. 15(iii) that all cases in which the accused persons were either discharged oracquitted under Section 2 of the NRO or where proceedings pendingagainst the holders of public office had got terminated in view ofSection 7 thereof, a list of which cases has been furnished to this Courtand any other such cases/proceedings which may not have beenbrought to the notice of this Court, shall stand revived and relegated tothe status of pre-5th of October, 2007 position;(iv) that all the concerned courts including the trial, the appellate and therevisional courts are ordered to summon the persons accused in suchcases and then to proceed in the respective matters in accordance withlaw from the stage from where such proceedings had been brought toan end in pursuance of the above provisions of the NRO;(v) that the Federal Government, all the Provincial Governments and allrelevant and competent authorities including the Prosecutor General ofNAB, the Special Prosecutors in various Accountability Courts, theProsecutors General in the four Provinces and other officers orofficials involved in the prosecution of criminal offenders are directedto offer every possible assistance required by the competent courts inthe said connection;(vi) that similarly all cases which were under investigation or pendingenquiries and which had either been withdrawn or where theinvestigations or enquiries had been terminated on account of the NROshall also stand revived and the relevant and competent authoritiesshall proceed in the said matters in accordance with law;(vii) that it may be clarified that any judgment, conviction or sentencerecorded under section 31-A of the NAB Ordinance shall hold the fieldsubject to law and since the NRO stands declared as void ab initio,therefore, any benefit derived by any person in pursuance of Section 6thereof is also declared never to have legally accrued to any suchperson and consequently of no legal effect;Const. P.76/2007, etc. 16(viii) that since in view of the provisions of Article 100(3) of theConstitution, the Attorney General for Pakistan could not havesuffered any act not assigned to him by the Federal Government or notauthorized by the said Government and since no order or authority hadbeen shown to us under which the then learned Attorney Generalnamely Malik Muhammad Qayyum had been authorized to addresscommunications to various authorities/courts in foreign countriesincluding Switzerland, therefore, such communications addressed byhim withdrawing the requests for Mutual Legal Assistance orabandoning the status of a Civil Party in such proceedings abroad orwhich had culminated in the termination of proceedings before thecompetent fora in Switzerland or other countries or in abandonment ofthe claim of the Government of Pakistan to huge amounts of allegedlylaundered moneys, are declared to be unauthorized, unconstitutionaland illegal acts of the said Malik Muhammad Qayyum;(ix) that since the NRO stands declared void ab initio, therefore, anyactions taken or suffered under the said law are also non est in law andsince the communications addressed by Malik Muhammad Qayyum tovarious foreign fora/authorities/courts withdrawing the requests earliermade by the Government of Pakistan for Mutual Legal Assistance;surrendering the status of Civil Party; abandoning the claims to theallegedly laundered moneys lying in foreign countries includingSwitzerland, have also been declared by us to be unauthorized andillegal communications and consequently of no legal effect, therefore,it is declared that the initial requests for Mutual Legal Assistance;securing the status of Civil Party and the claims lodged to the allegedlylaundered moneys lying in foreign countries including Switzerland aredeclared never to have been withdrawn. Therefore the FederalGovernment and other concerned authorities are ordered to takeimmediate steps to seek revival of the said requests, claims and status;Const. P.76/2007, etc. 17(x) that in view of the above noticed conduct of Malik MuhammadQayyum, the then learned Attorney General for Pakistan in addressingunauthorized communications which had resulted in unlawfulabandonment of claims of the Government of Pakistan, inter alia, tohuge amounts of the allegedly laundered moneys lying in foreigncountries including Switzerland, the Federal Government and all othercompetent authorities are directed to proceed against the said MalikMuhammad Qayyum in accordance with law in the said connection;(xi) that we place on record our displeasure about the conduct and lack ofproper and honest assistance and cooperation on the part of theChairman of the NAB, the Prosecutor General of the NAB and of theAdditional Prosecutor General of the NAB, namely, Mr. Abdul BaseerQureshi in this case. Consequently, it is not possible for us to trustthem with proper and diligent pursuit of the cases falling within theirrespective spheres of operation. It is therefore, suggested that theFederal Government may make fresh appointments against the saidposts of persons possessing high degree of competence andimpeccable integrity in terms of Section 6 of the NAB Ordinance asalso in terms of the observations of this Court made in the case ofKhan Asfandyar Wali v. Federation of Pakistan (PLD 2001 SC 607).However, till such fresh appointments are so made, the presentincumbents may continue to discharge their obligations strictly inaccordance with law. They shall, however, transmit periodical reportsof the actions taken by them to the Monitoring Cell of this Courtwhich is being established through the succeeding parts of thisjudgment;(xii) that a Monitoring Cell shall be established in the Supreme Court ofPakistan comprising of the Chief Justice of Pakistan or a Judge of theSupreme Court to be nominated by him to monitor the progress andthe proceedings in the above noticed and other cases under the NABOrdinance. Likewise similar Monitoring Cells shall be set up in theHigh Courts of all the Provinces comprising of the Chief Justice of theConst. P.76/2007, etc. 18respective Province or Judges of the concerned High Courts to benominated by them to monitor the progress and the proceedings incases in which the accused persons had been acquitted or dischargedunder Section 2 of the NRO;(xiii) that the Secretary of the Law Division, Government of Pakistan, isdirected to take immediate steps to increase the number ofAccountability Courts to ensure expeditious disposal of cases;15. We place on record our deep sense of appreciation for the learned counselfor the parties as also for the learned amicii curiae who have rendered invaluableassistance to us in these matters.The petitions stand allowed and disposed of by this short order in termsnoted above.Islamabad16.12.2009Irshad /*APPROVED FOR REPORTING.